vani (MANAGER) 02 May 2013

Section 376 & 506

Hi everyone,

I have some query regarding Bail /s 376. we have filed bail application on 29th April'2013 in session court but bail was dismissed. Now what will be the other resort to get out the accused from the jail.

Facrts of the case are aa follows:

1. Defendend is a Govt. Employee.

2. He is Handicap from his childhood & have more than 50 % disability in both legs & he is not able to walk properly.

3. This is complete blackmail case as the complaint was filed by the sister in law regarding rape from last 20 yrs. She also mentioned in the FIR that the last commit was in 2011.

4. In 2011, she filed a case U/s 125 CRPC & the case is still pending. She is married from 2000 & just want to exort money.

5. The Previous case U/s 125 CRPC is also about to dismissed by the court thats why she want to harrass the accused.

Plz help me in this case and suggest me for further step to get out the accused from the lockup as he is also medically very weak.

Thanx

Regards

Vani

Reply Follow

5 Replies

hema (law officer) 02 May 2013

Details are incomplete. She filed Section 125 against whom-her husband? She filed rape case against whom- her brother-in-law? I answer your bail question with the little information you gave.

1. If sessions court deny bail, the accused can file bail application in High Court.

2. After waiting for some time, with new grounds, he can again file bail application before the Sessions Court.

3. What medical report of the prosecutrix is saying?

4. Whether charge sheet was filed or not? If charge sheet was filed and medical report does not susbstantiate the rape charge - there is bright prospect of his getting bail. Before charge sheet filing, generally, accused in rape cases will not get bail.

5. What is the defence of accused? Whether he takes the defence of consensual intercourse or he is denying the intercourse itself? Not clear in your querry. It is important in deciding the bail matter.

vani (MANAGER) 02 May 2013

Thanx hema for ur valuable help. Futher i m mentioned other details required by you.

- She filed the case U/s 125 against her brother in law.

- Medical examination was done and medical repost is clear that no rape is done.

- Charge sheet is not filed as yet as the accused is arrested on 27th April.

- He is denying for consensual intercourse as he said he had no physical relation with that lady.

I also want to know what are the changes of getting bail in session court as its already rejected one time.

Plz help

hema (law officer) 02 May 2013

If the medical report clearly indicates the absence of rape, you move high court along with medical report and also a copy of the S.125 order - indicates her malafide intentions to extract money from her brother-in-law - and also the supporting documents showing his physical disability to commit the crime of rape. If the facts mentioned in your posts are true, It is also a fit case for approaching the High Court for quashing the FIR under Section 482 Cr.P.C.

vani (MANAGER) 02 May 2013

She made the allegation that the rape was committed on her from last 20 yrs. and the rape was commited in 2011 last tym. Further she made the clarification that as the rape committed in 2011, the medical report doesn'e support rape charge.

Our first motto is to the bail as the person is medically weak.

Plz suggest

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 05 May 2013

If it was rape from last 20 years than why she did not cried from so long, do't spare her being telling lie , file a // suit u/s 211 IPC for false criminal proceeding, you will be acquitted later or sooner but she will behind the bars for same tenure.